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Prop 139 goes into effect, and Arizona’s 15-week abortion ban goes to court

By Robert Gundran

December 4, 2024

One week after abortion was enshrined in the Arizona state constitution, health-care providers have filed a lawsuit to get the old 15-week ban off the books—and avoid further delays to reproductive rights.

Arizona’s 15-week abortion ban may soon be off the books after health care providers filed a lawsuit challenging the law.

Planned Parenthood Arizona, the American Civil Liberties Union (ACLU), the ACLU of Arizona, and the Center for Reproductive Rights brought the case against the state of Arizona on Dec. 3, a week after Gov. Katie Hobbs certified the 2024 election results.

When Hobbs certified the results of the 2024 election, Proposition 139—a ballot measure passed by Arizona voters that guarantees the right to an abortion up to the point of fetal viability—became an amendment in the state constitution.

The amendment renders current state law, which bans abortions after 15 weeks of pregnancy, unconstitutional. Keeping the law on the books alongside the new amendment could open the possibility for some prosecutors and extremist groups to attempt to continue to enforce it. Human rights groups like Planned Parenthood and the ACLU filed the lawsuit to officially remove the 15-week ban from state law.

“Today we are asking the court to end Arizona’s dangerous 15-week ban and to affirm the will of the people,” ACLU of Arizona staff attorney Lauren Beall said in a statement.

Arizona was one of seven states to pass pro-abortion amendments in the 2024 election, alongside Colorado, Maryland, Montana, Missouri, Nevada, and New York.

READ MORE: It’s official: Abortion access is a protected right in the Arizona Constitution

This week, Arizona Attorney General Kris Mayes signed a stipulation stating the 15-week ban is unconstitutional and that the state will not enforce it until 30 days after litigation ends. That means doctors statewide will be able to start providing abortion care beyond 15 weeks of pregnancy without risk of prosecution from the state.

Despite that, many abortion-care providers can’t immediately start offering those appointments, as they’ll need time to bring in new equipment and develop training for staff.

As of Dec. 4, Planned Parenthood Arizona noted on its website that it will continue to provide abortion care through 15 weeks of pregnancy, with no language that mentioned offering abortions after then.

That’s likely to change in the coming days or weeks, according to Dr. Jill Gibson, chief medical officer at Planned Parenthood Arizona.

“Planned Parenthood Arizona is in the process of instituting changes so we can begin providing abortion beyond 15 weeks,” Gibson said. “We look forward to expanding abortion care, and we will not stop fighting for our patients, our health care staff, and to implement the will of Arizona voters.”

Though the passage of Prop 139 doesn’t mean immediate expanded access across the state in practice, Arizonans can look forward to a near future in which they have more bodily autonomy and reproductive rights.

Author

  • Robert Gundran

    Robert Gundran grew up in the Southwest, spending equal time in the Valley and Southern California throughout his life. He graduated from Arizona State University's Walter Cronkite School of Journalism in 2018 and wrote for The Arizona Republic and The Orange County Register.

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